No. 20-5185

Joshua Jermaine Nelson v. Texas

Lower Court: Texas
Docketed: 2020-07-27
Status: Denied
Type: IFP
IFP
Tags: constitutional-vagueness content-based-restriction due-process first-amendment free-speech mens-rea overbreadth overbreadth-doctrine vagueness
Latest Conference: 2020-09-29
Question Presented (from Petition)

1. Is a statute unconsti tutional, on its face, when it is a content-based restri ction
that severel y criminalizes a substanti al amount of harml ess speech between adults –
speech that i s protected under the Fi rst Amendment?

2. Is a statute unconsti tutional, on i ts face, under the First Amendment, when it
criminalizes thought?

3. Is a statute unconsti tutionally overbroad under the Fifth and Fourteenth
Amendments to the United States Consti tution when its definitions are so vague and
ambi guous that it fails to provide a person of ordinary intelligence fair notice of what
is prohi bited, and when it is so standardl ess that it authori zes or encourages seriously
discriminatory enforcement?

4. Is a statute unconsti tutional under the Fifth and Fourteen th Amendments when
it does not have a mens rea requi rement as to the age of the al leged mi nor?

Question Presented (AI Summary)

Is a statute unconstitutional on its face when it is a content-based restriction that severely criminalizes a substantial amount of harmless speech between adults

Docket Entries

2020-10-05
Petition DENIED.
2020-09-10
DISTRIBUTED for Conference of 9/29/2020.
2020-07-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 26, 2020)

Attorneys

Joshua Jermaine Nelson
Leonard Thomas BradtL.T. BRADT, P.C., Petitioner